By Jynell D. Berkshire · September 2, 2026
The estate owns the claim
Surplus funds are personal property of the former owner. If that owner died, the right to the money passes through their estate.
Common proof the court wants
A death certificate, a will or intestacy determination, letters of administration or a small estate affidavit where the amount qualifies, and identification for each heir.
Multiple heirs
Courts can split the disbursement among heirs or pay the estate representative. Disagreements among siblings are the single most common reason these claims stall.
This article is general information, not legal advice. Contact Berkshire Law Group about your property.